HomeMy WebLinkAboutConfirming Tax Abatement - 936 Notre Dame Ave. - Ani AprahamianRESOLUTION
3607-06
Passed by the Common Council of the City of South Bend, Indiana
June 26,
Attest:
06
20
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
June 27, 20 06
Approved and signed by me June 2 9 , 20 0 6
City Clerk
RESOLUTION NO. ~ ~ 0 7 -0~
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
936 NOTRE DAME AVENUE
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
ANI APRAHAMIAN
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory
Resolution designating certain areas within the City as Residentially Distressed Areas for the
purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 936 Notre Dame
Avenue, South Bend, Indiana, and which is more particularly described as follows:
Numbered One (1) as shown on the recorded Plat of Notre Dame Howard Street
Minor Subdivision, recorded September 6, 2005 as Document Number 0540965 in
the Office of the Recorder of St. Joseph County, Indiana
and this property has Tax Key Numbers 018-5106-3713, 018-5106-3714, and 018-5106-3715,
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1
et sea., and South Bend Municipal Code Sections 2-76 et seq., and;
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the
Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and
objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially distressed area
have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6-1.1-12.1 et sea., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance no. 8845-97, which was passed on
December 8, 1997:
A. The area is comprised of parcels that are either unimproved or contain only one (1)
or two (2) family dwellings designed for up to four (4) families, including accessory
buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as documented
by census information, local building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable standards
for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of this
nature;
C. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local
code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating
the area described herein as a Residentially Distressed Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to five (5) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council.
2
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of five (5) years, and further determines
that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South
Bend and Indiana Code 6-1.1-12.1 et seq.
SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the on Council
NOT APPROVED
~pOPTER ' ~p -Z~n-OHO
Fiied in Cierk's Office
JUPJ - 2 ~~lo
JOHN YOORDE
CITY CLERIC, S0.8£ND, fN.
1200 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOLTIII BEND, INDIANA 46601-1830
I'xoNE 574/ 235-9371
FAx 574/235-9021
TDD 574/235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY ~ ECONOMIC DEVELOPMENT
SHARON T. KENDALL
EXECUTIVE DIRECTOR
June 2, 2006
Council Member Roland Kelly, Chairperson
Community & Economic Development Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Residential Real Property Tax Abatement Petition for:
Ani Aprahamian
Dear Council Member Kelly:
Please find attached the Department of Community & Economic Development's report on a residential
real property tax abatement petition for Ani Aprahamian to build a single family house at 936 Notre
Dame Avenue. Also attached is a copy of the petition, Statement of Benefits form and supporting
information.
The report contains the department's findings relative to the above petition. The petitioner proposes to
build a single family house at a cost of $454,000. The project meets the qualifications for five (5) year
real property tax abatement. The petitioner will be available to meet with the Committee on Monday,
June ~, 2006.
~t
Should you or any of the other Council members have any questions concerning the report or need
additional information, please feel free to call me at 235-5825.
Sincerely,
~~ n
Bob Mathia
Assistant Director,
Economic Development
Attachments
cc: South Bend Common Council Members
Mayor Stephen Luecke
Sharon Kendall
Don Inks
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINA*N,C.IA.L HC PROGRAM
PAMELA C. MEYER DONALD E. INKS ° AGEMENT
5741235-9660 574/235-9371 EL~zaEErtt LEONARD
Fax: 574/235-9697 574/235-9371
I20() COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDLgNa 46601-1830
PHONE 574/235-9371
Fax 574/235-9021
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY ~ ECONOMIC DEVELOPMENT
SHARON T. KENDALL
EXECUTIVE DIRECTOR
TAX ABATEMENT REPOR T
TO: SOUTH BEND COMMON COUNCIL
FROM: ROBERT MATHIA
SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR:
ANI APRAHAMIAN
DATE: June 2, 2006
On June 1, 2006, 2006, a petition for residential tax abatement consideration for real properties
located at 936 Notre Dame Avenue was filed with the City Clerk by Ani Aprahamian. Pursuant to Chapter
2, Article 6, Section 2-77 of the Municipal Code of the City of South Bend, this petition was referred to the
Department of Community and Economic Development for purposes of investigation and preparation of a
report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1
and whether all zoning requirements have been met.
The Department of Community and Economic Development has reviewed the petition (a copy of
which is attached), investigated the area and makes the following report.
PROJECT DESCRIPTION
Ani Aprahamian is preparing to build a new home on the property listed above. The home will be
approximately 3,000 square feet. It will have a living room, dining room, four bedrooms and 5 bathrooms.
It will also have a two car garage. The cost of the home will be approximately $450,000. Dr. Aprahamian
plans to complete construction of the home by the June of 2007.
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SL PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
574/235-9660 574/235-9371 EL1zAeETtt LEONARD
EAX: 574/235-9697 574/235-9371
South Bend Common Council
RE: Ani Aprahamian
June 2, 2006
Page 2
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted finds that Ani Aprahamian has not been
associated with any previous tax abatements:
2. The building commissioner has reviewed this petition and finds the properties to be properly zoned
for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property is located
in the Northeast Neighborhood Development Area, which is a Tax Increment Allocation Area;
therefore, the petition for real property tax abatement must first be approved by the South Bend
Redevelopment Commission.
4. A review of the Tax Abatement Ordinance no. 8065-90, as amended by Ordinance No. 8854-97,
finds that the petitioner meets the qualifications for a five year residential tax abatement under
Section 2-77.1 (Single Family Real Property Abatement).
5 YEAR
2-Jun-06
ANI APRAHAMIAN
South Bend Portage Township Residential Real Property Tax Abatement Schedule*
Estimated Project Cost
Assessed Value:
STRUCTURE (assume 85% of project cost):
LAND (assume $10,000):
Gross Assessed Value:
Less Mortgage Exemption:
Less Standard Homeowners Deduction:
Base Assessed Value:
$450,000.00
Total Taxes Tax Abated** Tax Paid***
382,500.00 382,500.00 382,500.00
10.000.00 N/A N/A
392,500.00 382,500.00 382,500.00
(3,000.00) (3,000.00) (3,000.00)
(35,000.00) (35,000.00) (35,000.00)
354,500.00 344,500.00 344,500.00
Base Assessed Value:
Less Maximum Abatement Deduction
Less Non-Abated Amount:
Plus Land Assessed Value:
Net Assessed Value:
Property Taxes:
Assume constant tax rate of:
354,500.00 344,500.00 344,500.00
N/A N/A ($74,600.00)
N/A (269,900.00) N/A
N/A N/A 10,000.00
354,500.00 74,600.00 279,900.00
4.89060% 4.89060% 4.89060%
Gross Tax (tax rate x net assessed value): 17,337.18 3,648.39 13,688.79
Less SRTC (21.6113%): (3,746.79) (788.46) (2,958.33)
Less Homestead Credit (24.3982%): (3,315.81) (697.77) (2,618.04)
Net Tax: 10.274.58 2.162.16 8.112.42
Net Assessed Total
Year Value Taxes Due Tax Abated Tax Paid
1 354,500.00 10,274.58 2,162.16 8,112.42
2 354,500.00 10,274.58 2,162.16 8,112.42
3 354,500.00 10,274.58 2,162.16 8,112.42
4 354,500.00 10,274.58 2,162.16 8,112.42
5 354, 500.00 10,274.58 2,162.16 8,112.42
5 year totals: 51,372.90 10,810.80 40,562.10
*This schedule is for estimation purposes only and assumes constant tax rates.
The true tax values will ultimately be determined by the actual
assessed valuation and the then current tax rates.
**Tax Abated is capped at $74,600 of assessed value of structures only
and does not include land assessed value.
***Tax Paid is calculated using the difference between actual assessed value
of structure and maximum abated portion of $74,600 and adding
back the land assessed value.
CITY OF SOUTH BEND, INDIANA
PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION
The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common
Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C.,
6-1.1-12.1-1, et sea., and South Bend Municipal Code Sec. 2-76 et sea.., for this petition states the following:
1. Describe the proposed construction project, including information about square footage, numbers of rooms,
amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as
to the importance of the project (use additional sheet for project description if necessary):
~ t~,4?~rf.Pnl1.134~5 r I I/lil//~ , - Nun//: ~ ~Jl'"-~~~
2. Estimate the dollar value of the construction project (do not include land cost): $ ~ ~()~ DO(~, 0~
3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by
the following individual(s) or corporations (ifthe business organization is publicly held, indicate also the name
of the corporate parent, if any, and the name under which the corporation has filed with the Securities and
Exchange Commission):
Interest
4. The commonly known address of the Property is: 13 ~O No ~c ~ y~/~,u~t, and having
tax key no.: _ _ use ditional sheet for multiple addresses).
r3 ~~8 -s~o~-3 ~s
5. A legal description of said Property(s) is attached hereto marked Exhibit "A" and is incorporated herein.
6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit "B" and is
incorporated herein.
7. The current assessed valuation of the property before construction is $ 32,;'00 (use additional sheet
for multiple addresses).
8. Photogra hs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto,
marke Exhibit "C", and incorporated herein.
List the real property taxes paid at the location during the previous two years, whether paid by the current
owner or a previous owner (use additional sheet for multiple addresses):
1<IO ~I L-'~
10. What is your best estimate ofthe after completion market value of the property: $ ~,~,~,~~.~ ,~~'OQ,c70p
1 ~1. No building permit has been issued for construction on the property in connection with the improvement in
question as of the date of filing of this petition. The building permit may be issued after the South Bend
Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building
permit has already been issued). The signature below is verification of this statement.
12. List other anticipated public financing for the project, including any assistance to be sought or already
authorized through the United States Department of Housing and Urban Development funds from the City of
South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing
Consortium or other public financial assistance, including but not limited to public works improvements:
nln 1v ~ _
13. Describe how the property has become undesirable for or impossible of normal development because of a lack
of development, cessation of growth, deterioration of improvements or other factors which have impaired
values and prevent a normal development of the property: - ,
C .~ ° ~
',
14. The current use of the property is /Vp ~ ~ ~ P~/V ~i E L ~ and the current
zoning is ~~' ? (use) and ~_ (height and area). ct~,r,~, ~~ 0 0 .f~:
15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend
Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission):
16. The following person should be contacted as the petitioners agent regarding additional information and public
hearing notifications:
Name
Address
City, State, Zip
Telephone _
WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City
of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially
distressed area for the purposes of real property tax abatement consideration, and after publication of notice and
public hearing, determine that th qualifications for a residentially distressed area have been met, and confirm such
resolution.
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Name of Property Owner(s):
By:
( ignature)
(Typed or printed name and capacity)
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Key,NQ. ~ ~ "~jtl~ - ~~'~S Send tax bills to: Transfer No. (y
Send Deed to: Ani Aprahamian Taxing Unit
William Hoye Date o? -~ ~-~~
University of Notre Dame 2 e
203 Main Building 6
Notre Dame, IN 46556 ~QZ `~VvYC'S~' 1t1JC~
sa..~n~~nG itv ~~~1~
CORPORATE WARRANTY DEED
THE UNIVERSITY OF NOTRE DAME DU LAC, an Indiana Corporation ("the
Grantor"), hereby conveys and warrants to ANI APRAHAMIAN ("the Grantee"), for and in
consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, that certain real estate located in the City of South
Bend, County of St. Joseph, State of Indiana, and legally described as follows:
Lot Numbered One (1) as shown on the recorded Plat of Notre Dame Howard Street
Minor Subdivision, recorded September 6, 2005 as Document Number 0540965 in the
Office of the Recorder of St. Joseph County, Indiana.
SUBJECT TO all covenants, restrictions, reservations, rights of way, limitations;
conditions, zoning ordinances, unpaid taxes and assessments, uses, conditions, matters,
agreements, easements and other provisions of record, and all subsequent recorded amendments
thereto, including but not limited to provisions restricting use and sale therein contained in the
record chain of title and reflected in that certain Real Property Purchase Agreement between the
University of Notre Dame du Lac and Grantee dated on or about February 23, 2006.
Dated: February ~, 2006.
By
Jams yp t
Vic esident, Business Operations
University of Notre Dame du Lac
STATE OF INDIANA )
)SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared James J. Lyphout, Vice President, Business Operations, University of Notre Dame du
Lac, who: having been duly sworn under oath represented and certified: (1) he is a duly elected
officer of Grantor and has been fully empowered, by proper certified by-law of the Board of
Trustees of Grantor, to execute and deliver this Deed; (2) Grantor has full corporate capacity to
convey the real estate described herein; (3) that all necessary corporate action for the execution
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and delivery of this Deed has been accomplished; (4) that no Indiana gross income tax is due on
account of this conveyance; and (5) acknowledged the execution of the foregoing Deed for and
on behalf of said Grantor on the date of its execution set forth above.
~ ~'i '~ i ~l, ~; r~ -~~~~~ ~ Ll Notary Public
Signature ~_
_~i'I~~t tt~C~ l~ ~~~Ca
Pri~ted_:name
~~,~~t~~~~t~irrijy~~,
;~~~ •re~de „.~•~ t. Joseph County, Indiana.
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Christina L NeO~
tJOtary PubNC Seal Stab d Indiana
St Joseph CourMY
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This Deed Prepared by: William P. Hoye, Attorney at Law, University of Notre Dame, 203
Main Building, Notre Dame, IN 46556.
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Prescribed by the County Form 170
State Board of Accounts r
(2005)
Declaration
This form is to be signed by the preparer of a document and recorded with each document in accordance
with IC 36-2-7.5-5(a).
I, the undersigned preparer of the attached document, in accordance with IC 36-2-7.5, do hereby affirm
under the penalties of perjury:
1. I have reviewed the attached document for the purpose of identifying and, to the extent permitted
by law, redacted all Social Security numbers;
2. I have redacted, to the extent permitted by law, each Social Security number in the attached
document.
I the undersigned, affirm under penalties of perjury, that the foregoing declarations are true.
~~~
Signature of eclarant
~.:5!~nP:~,
Debra A. Guy
Printed Name of Declarant
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,J~tJ _ 1 2006
~OADE
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Cll'~ CLEn~ ,
OveYView of Phase 1 Concept Plan
Site Data
Total Acres 21.12 Acres
Retail: G9,9()n GS.r.
Office 2G,000 G.S.F.
Apartments: 70 Units
Townhomcs: 42 Units
Clustered Townhoma 52 Units
Rowhomes: 74 Units
Stacked Villas: 36 Units
Total Ututs: 274 Utilts
Density 12.7 du/acre
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